Grand Rapids & Indiana Railroad v. Cheboygan Circuit Judge

This is an application for a mandamus to compel the respondent to enter an order removing the case of James Foley against the relator from Cheboygan county to Emmet county for trial. It is claimed, first, that upon the affidavit being filed, showing that the plaintiff in such action has an undue influence on the citizens of Cheboygan county, it became the imperative duty of the court, as a matter of law, to grant the motion for change of venue, on the authority of Preston Nat. Bank v. Wayne Circuit Judge, 142 Mich. 272 (105 N. W. 757); and, second, that the circuit judge was guilty of an…